Goshen, IN asked in Car Accidents for Indiana

Q: Can I get money back from a accident?

I was in a car accident on June 12, 2017. The other driver (who was at fault) did not have a license, did not have insurance nor was the car he was driving covered under a valid policy. In the days following the accident I spoke with someone from his 'insurance' company and was told that I would be reimbursed for a rental car at $29.99 a day. I got a rental car and had it for about 8 weeks. The beginning of August I recieved a letter from his insurance company stating that they were not covering the accident or the cost of the rental car. His insurance company gave both myself and my insurance company the run around and never had solid answers about what was going on. Becuase of his insurance company being standoffish it took almost 8 weeks to get my car fixed. My insurance company paid for the damages to my car and the deductible but will not pay for the rental car. The total rental car charges are almost $1300.00. For someone that 100% supports myself that is a huge amount o

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1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: Whether it is a hardship for you to pay has NOTHING to do with anything. This should have been put through your own insurance from the beginning, given the uncertainty of the defendant's coverage. You would have had your car back in a week.

Demand that the defendant's insurance company provide you with a written denial of coverage with a cc to the Illinois Department of Insurance. Everything about the claim is highly suspect.

If it turns out that the defendant's insurance had lapsed at the time of the accident, you may be able to sue the defendant in Small Claims. Be prepared to provide support that it really took 8 weeks to repair your car. You will need letters, emails, and texts. to support your claim.

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